occupiers Liability Act 1984

Question 1

1966 practice statement

Answer 1

duty of common humanity on to occupiers towards trespassers

BRITISH RAIL BOARD VS HERRINGTON

Question 2

1984 s1(3) 3 rules to establish occupier duty of care

Answer 2

1) occupier must be aware of damage
2) occupier knows that someone is in the vicinity of danger or someone may come
3) if occupier knows that danger is present, they need to protect trespasser.

Question 3

occupier not liable if trespasser is injured by an obvious danger

Answer 3

ratcliff vs mcconnell

Question 4

time of day+time of year is relevant to establish duty of care towards occupier

Answer 4

donoghue vs folkestone

Question 5

an occupier doesnt have to spend a lot of money to make premise safe.

Answer 5

tomlinson v congleton BC

Question 6

the occupier will not liable if he had no reason to suspect presence of trespasser

Answer 6

higgs vs foster

Question 7

the occupier will not liable if he had no reason to suspect presence of danger

Answer 7

rhind vs astbury

Question 8

child trespasser case

Answer 8

keown vs coventry

Question 9

consent (complete defence)

Answer 9

allowed if trespasser appreciates the nature and degree of risk

Question 10

contributory negligence

Answer 10

reduce compensation

Question 11

warning notice

Answer 11

westwood vs post office